HomeMy WebLinkAbout1994-02-08 WSB AGENDA1.
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
FEBRUARY 8, 1994
5:00 p.m.
Conference Room B
MINUTES OF THE JANUARY 11, 1994
WATER AND SEWER BOARD MEETING. (ATT. 1)
ARAPAHOE ESTATES AGREEMENT FOR REVERSE
OSMOSIS SYSTEM. (ATT. 2)
ISOLATING SAFE DRINKING WATER CHARGES
ON WATER BILLS.
LETTER RE: RANDY PIERCE. (ATT. 3)
FENCING CITY DITCH AT QUINCY.
$1800-$2000 APPROX.
OTHER
AT T.
WATER AND SEWER BOARD
MINUTES
JANUARY 11, 1994
The meeting was called to order at 5:03 p.m.
Chairman Fullerton declared a quorum present.
Members present:
Members absent:
Also present:
Fullerton, Gulley, Neumann,
Otis, Vobejda, Wiggins, RESLcr
Habenicht L ~r
None
Stewart Fonda, Director of
Utilities
1. MINUTES OF THE DECEMBER 10, 1991 MEETING.
The Englewood Water and Sewer Board Minutes from the
December 14, 1993 meeting were approved as written.
Mr. Vobejda moved;
Ms. Lay seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the December 14,
1993 Englewood Water and Sewer
as written.
Fullerton, Gulley, Neumann,
Otis, Vobejda, Wiggins,
Habenicht
None
None
2. GUEST: CARMINE IADAROLA -AQUASAN
CHUCK COWARD -CHERRY HILLS VILLAGE
Mr. Iadarola and Mr. Coward appeared before the Board to
discuss the feasibility of Englewood taking over the
maintenance for Cherryridge, Cherryrnoore and Cherryvale
Sanitation Districts located in Cherry Hills Village.
Stu reiterated that Englewood would prefer to have contracts
only with a municipality, in this case, Cherry Hills
Village. It was noted that the three districts have
different contract terms remaining. Carmine discussed
concerns about contract's expiration date. The Board
discussed negotiating for a mutually acceptable contract
length. All concurred that each district's contract term
expires, it would be better for Englewood to deal with
Cherry Hills Village.
The Board directed staff to negotiate with Cherry Hills
Village to draft an agreement regarding contract renewal
terms.
3. COUNCIL NEWSLETTER.
Stu discussed an article in the Council Newsletter regarding
secondary clarifier modifications. The article states how
two clarif iers were incorrectly installed and caused a
septic sludge condition that could have been causing odors.
Staff has corrected the installation of the scrapers on both
clarifiers.
4. SOUTHGATE SUPPLEMENT #122.
Southgate Supplement Supplement #122 was tabled.
5. LETTER FROM EVA EISENBERG.
The Board received a copy of a letter of appreciation from
Eva Eisenberg at 4955 s. Galapago. The Utilities Department
responded to a water pressure problem at Ms. Eisenberg's
home.
6. DENVER WATER BOARD'S PROPOSED WATER RATE HIKE.
The Denver Water Board had a public meeting regarding their
proposed rate hike. Denver citizens expressed their
disapproval. Stu noted that future legislation regarding
rate hikes could be expected and should be carefully
monitored.
7. CENTENNIAL.
Mr. Hill has sent a proposed Stipulation and Agreement to
Joseph Montano, attorney for Centennial Water and Sanitation
Distr i ct. Stu discussed provisions in the agreement.
The meeting adjourned at 5:45 p.m.
The next Water and Sewer Board meeting will be February a,
1994 at 5:00 p.m. in Conference Room B.
Respectfully submitted,
Cathy Burrage
Recording Secretary
Holly I. Holder
Priscilla S. Fulmer
Dave Hill
Holly I. Holder, P.C.
Attorneys at Law
518 Seventeenth Street
Suite 1500
Denver, Colorado 80202
(303) 534-3636 FAX (303) 534..0514
January 10, 1994
Chrisman, Bynum & Johnson, P.C.
1401 Walnut Street, #500
Boulder, Colorado 80302
Stu Fonda
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Dear Dave and Stu:
ATT., 2
Of Counsel To
Carpenter & Klatskin, P.C.
Enclosed is a revised draft of the agreement which I
sent to Dave in September. Please call me to discuss your
comments. Also, as I discussed with Stu, we would be happy
to meet with you to discuss the agreement at your earliest
convenience.
Thank you for your cooperation.
HIH:des
Enclosure
cc: Debra Condra
Sincerely yours,
il~u"K
Holly I. 'Holder
AGREEMENT
This Agreement is dated this day of
1994, by and between ARAPAHOE ESTATES WATER DISTRICT, a
municipal corporation of the State of Colorado ("Arapahoe
Estates") and the CITY OF ENGLEWOOD, a municipal corpora-
tion of the state of Colorado ("Englewood"), (hereinafter
"the Parties").
RECITALS
1. Arapahoe Estates currently operates a water
treatment facility which utilizes a reverse osmosis system
for the removal of fluoride.
2. Pursuant to a discharge permit issued by the State
of Colorado, Department of Health, Arapahoe Estates has
until May 1, 1994, in which to meet a fluoride standard of
four milligrams per liter.
3. Eng lewood has the capacity and capability in its
wastewater tr e2.t~ent facility to treat the backwash
discharged from Arapahoe Estates water treatment plant.
4. Englewood has a need for additional credit for
return flow for nontributary water from its wastewater
treatment plant.
AGREEMENT
NOW THEREFORE, in consideration of the promises and
covenants herein contained, the Parties agree as follows:
1. Treatment. Englewood agrees to treat and to
discharge from its wastewater treatment facility all
backwash generated at the Arapahoe Estates water treatment
facility.
2. Tap Fees. Arapahoe Estates will pay for
wastewater taps at a price of $1,400 per equivalent tap
for a total initial tap fee of $176,400. This tap fee is
based upon a concentrate volume of 24,000 gallons per day
which equates to 126 taps. Arapahoe Estates will also pay .
a basin interceptor fee of $300 per tap for a total of
$37,800.
3. Water Purchase. Englewood shall give Arapahoe
Estates a credit of $85,488 against the tap purchase fees,
which is determined based upon a price of $1,200 per acre
foot for 71.24 acre fe.et of water. Within 30 days after
connection to the backwash facility the storm sewer,
Arapahoe Estates shall convey by special warranty deed the
right to claim credit for return flows in that amount from
its nontributary Laramie-Fox Hills well to Englewood.
4. Payment Schedule. The net cost of $153,912.00
shall be paid in four equal annual installments of
$38,478.00 due May 1 of 1994, 1995, 1996 and 1997.
5. Connection. Arapahoe Estates shall be responsible
for all costs of connection of the backwash facility to a
storm sewer of the South Arapahoe Water and Sanitation
District ("South Arapahoe") and shall be responsible for
entering into an agreement with South Arapahoe to provide
transportation of the backwash to Englewood.
6. Service Fee. Arapahoe Estates shall pay a service
fee of~~¢ per 1,000 gallons for treatment.
7. Amendment. This Agreement may be modified,
amended, changed, or terminated in whole or in part only by
an agreement in writing duly authorized and executed by all
Parties.
8. Survival of Provisions. Each and all of the
provisions of this Agreement shall be deemed to survive the
closing and the delivery of any instruments of conveyance
or warranty deeds contemplated hereby.
9. Waiver. The waiver of any breach of any of the
provisions of this Agreement by any Party shall not
constitute a continuing waiver or a waiver of any subse-
quent breach by said Party either of the same or of
another provision of this Agreement.
10. Entire Agreement. This Agreement represents the
entire agreement of the Parties, and no Party has relied
upon any fact or representation not expressly set forth
herein.
11. Severability. Invalidation of any of the
provisions of this Agreement or of any paragraph, sentence,
clause, phrase, or work herein or the application thereof
in any given circumstance, shall not affect the validity of
the remainder of this Agreement.
12. Assignability. Each Party hereto shall have the
full and unrestricted right to assign any interest in this
Agreement, but no such assignment shall affect the giving
of notice provided for herein unless the other Parties
sha l l have been given notice in writing of such assignment
with the name and address of any assignee to whom notice
sha l l be given. ·
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13. Binding Effect. This Agreement and the rights
and obligations created hereby shall be binding upon and
shall inure to the benefit of the Parties hereto, and
their respective successors and assigns.
14. Attorneys' Fees. In the event of institution of
legal proceedings in connection with this Agreement, the
Party prevailing therein shall be entitled to recover the
reasonable costs and expenses incurred in connection
therewith, including, without limiting the generality of
the foregoing, reasonable attorneys' fees.
IN WITNESS WHEREOF, the Parties have executed this
Agreement on the date first above written.
STATE OF COLORADO )
) SS.
CITY AND COUNTY OF DENVER)
ARAPAHOE ESTATES WATER
DISTRICT
CITY OF ENGLEWOOD
The foregoing instrument was acknowledged before me
this ~~ day of September, 1993, by
as of Arapahoe Estates Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
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STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
Dedicated co protecting ;ind improving the health and
environment of the people of Colorado
4300 Cherry Creek Dr. S. LJborJtory Building
Denver, ColorJdo 80222-1530 -1210 E. 11th Avenue
Phone (303) 692-2000 Denver, Colo rado 80220-3716
(303) 691-4700
January 21, 1994
Mr. Randy Pierce
City of Englewood
3400 S. Elati Street
Englewood, CO 80110-2304
Re: Colorado Cross Connection Control Advisory Committee
Dear Randy:
Roy Romer
Governor
Patricia A. Nolan, MD, MPH
Executive Director
The Colorado Department of Health's Drinking Water Section and the Cross-Connection Control
Advisory Committee (the committee) are very pleased that you and the City of Englewood have
volunteered your time to participate on the committee. The committee has voted to add you as the
member representing a medium size public water supply.
The committee was formed in 1986 to utilize the expertise of those individuals/groups involved in the
field of cross-connection control. This voluntary committee provides advice to the Water Quality Control
Division of actions which should be taken regarding cross-connections , including regulations, policys,
guidance, a nd procedures.
The committee is presently comprised of the following members /affiliation :
Sandy Lawson /Pr ivate Technician ; Gene Hazlett /Water Distribution & Waste Water Collection
Council; Thomas Fee ley /Colorado Env ironmental Training Center -Red Rocks Community
College; Darwin SkeltonjTown of Castle Rock; Bob Stevens /Denver Water Board; Lee
Coo k /Woodmen Water District; Larry·Nelson /Backflow Tech.; Watts , Febco, Ames, Conbraco
De v ice Manufacturers Representatives; and Glenn Bodnar /Colorado Department of Health .
The Committee typically meets on the 3rd Tuesday of each month . The meetings are held at the
Colorado Department of Health, 4300 Cherry Creek Drive in Denver. February's meeting will be on the
15th from 9-12 in the Snow meeting room .
I look forward to working with you in our endea vor of Cross-Connection Control.
Glenn A. Bodnar, P.E.
._ · · Engineering Unit Leader
Drinking Water Section
WATER QUALITY CONTROL DIVISION
GAB:cm /GENCOR.2-2
cc: Col ora do Cross Connection Control Advisory Committee